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HomeMy WebLinkAbout06-20-1990 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 20, 1990 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 1. ROLL CALL The meeting was called to order by Mayor Ctevenger at 7:30 p.m., Councilmembers Present: Moyles, Stutzman, Peterson, and Mayor Clevenger. Councilmembers Absent: Councilmember Anderson was absent for the entire meeting and representative roll call vote is reflected thus. 2. CEREMONIAL ITEMS A. Presentations to Outgoing Councilmembers Mayor Clevenger provided a brief background on outgoing Councilmember Peterson for his four years of service to the City Council, the Planning Commission and the Finance Advisory Committee; and, City service as representative to the Intergovernmental Council. She presented him with a gift in appreciation for his role in bring the community together and specifically noted his advice regarding Planning Commission items which was o~ great help, and his role in initiating the Santa Clara County Cities' Association. Councilmember Peterson expressed appreciation for the commendation and noted his most favored contributions were his work on the design review guidelines and development of a parking district. He noted his service was an opportunity to expand his circle of friends. Mayor Clevenger provided a brief background on outgoing Councilmember Moyles and presented him with a gift in appreciation for his service to the City Council and his five-year representation on the Santa Clara County Traffic Authority, specifically noting his role in attaining underground utilities and the beautification of Saratoga; his ability to provide legal advice; his role in the downtown plan; his role initiating the use of banners, signs and medians; and, a founding spirit for the Sister City relationship with Japan. Councilmember Moyles expressed appreciation for the commendation, noting his advice and support from City staff, public servants and community members. Mayor Clevenger called a brief recess at 7:50 p.m., reconvening at 8:00 p.m., with all members present, except Councilmember Anderson. Mayor Clevenger proceeded to the Public Hearings portion of the meeting. 8. PUBLIC HEARINGS A. Adoption of the Revised Budget for Fiscal Year 1990-91 Mayor Clevenger noted that two public hearings and two study sessions have been held to examine the Fiscal Year 1990-91 budget. City Manager Peacock presented the revised budget and listed items under consideration by the Council, noting that additional information has been received regarding the HCDA accounting procedures and that staff has revised the budget to reflect this additional informatfon. He specified the following: - splitti~q c~pit~] ~ojects for the handicapped access into two projects included on the revised budget adding pages 145 and 146; -- reconciliation of financial expenditures of approximately $1000 of the proposed budget, and internally changing the amount of $24,000 to $37,193; - HCDA carry-over is increased by $13,193 and represents Project No. 927; -' fiscal appropriation limit calculation required by the State Constitution is approximately $12 million; - requested authorization to add City personnel to assist the City Manager, Finance Department and Community Services Department; - noted changes to job titles; and, - recommended adoption of resolutions. .City Council Minutes 2 June 20, 1990 Mayor Clevenger asked for comments from Councilmembers, there were none. The public hearing was opened at 8:05 p.m. There was no public testimony; the public hearing was closed at 8:05 p.m. 1) Resolution adopting the revised budget for fiscal year 1990-91 MOYLES/STUTZMAN MOVED TO ADOPT RESOLUTION 2575.20. Passed 4-0. 2) Resolution setting the appropriation limit _MOYLES/STUTZMAN MOVED TO ADOPT RESOLUTION 2662. Passed 4-0. 3) Resolution on Management Salary Schedules ~PETERSON/STUTZMANMOVED TO ADOPT RESOLUTION 85-9.82. Passed 4-0. 4) Resolution on Classifications and full-time positions in the City Service STUTZMAN/PETERSON MOVED TO ADOPT RESOLUTION 2663. Passed 4-0. 5) Resolution on Part-Time Salaries PETERSON/STUTZMANMOVED TO ADOPT RESOLUTION 2664. Passed 4-0. : 6) 'Resolution on Basic Salaries and Employment Classifications MOYLES/PETERSON MOVED TO ADOPT RESOLUTION 85-9.83. Passed 4-0. 7) Resolution continuing imposition of traffic impact fee in .the NHR Zoning District PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2665. Passed 4-0.- B. Resolution adopting fee structure for public disturbance (second response) ordinance. · City Manager Peacock reviewed the staff report from the Community Services Director, Todd Argow relating to second-response to public disturbances indicated in Section 6-15.130 of the City Municipal Code. The publid hearing was opened at 8:07 p.m. There being no public testimony, it was closed at 8:07 p.m. PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2621.2. Passed 4-0. C. Report of the Planning Commission on alternative master plans for a senior facility at the Odd Fellows site prepared and reviewed at the direction of the City Council. City Manager Peacock reviewed the submittal of a letter from Mr. James R. Rogers, dated June 20, 1990. Planning Director Emslie summarized the report from the Planning Commission noting Phase III of the San Marcos Heights Subdivision is considered an alternative site for the proposed development of a senior facility. He ~tated that the Commission expressed three concerns regarding use of the former Paul Masson Champagne Cellars: 1) air quality, 2) affordability, and, 3) proximity to Route 85. E. Tf Barco} 19101 Camino Barco, addressed the Council expressing concerns of senior citizens. He stated that Odd Fellows site is the best choice and notes the following concerns relative to the site: - assisted care facility is needed .- potential traffic impact needs to be mitigated - building height is too extreme for a residential area - no three-story structure should be considered, since doing so would create a precedent for the City City Council Minutes 3 June 20, 1990 Edmond Carcher, 14622 Granite Way, ~eminded the Council of the City's commitment to the Odd Fellows; further, he requested that the City drop the expansion project in respect of past general plan policies. He pointed out two major concerns, access and compatibility with the surrounding residential properties. Frances Matise, resident of the Odd Fellows home, briefed the Council on the current status of Odd Fellows homes, expressing that although upgrades should be done, the number of residences would not increase, therefore, traffic impacts would be minimal. Her fear related to what will happen to current residents during the process, specifically, if they will be moved out. Marguerite Fisher, 14520 Fruitvale Avenue, requested adequate senior facilities that would provide for such things as recreation, shopping and the creation of an art studio. She requested preservation of the existing barn. She noted that Federal funds are available for things of this nature, discussed the hardships'to seniors, and opposed a three-story structure due to the earthquake potential. Keith Gordon, 20299 Flower Drive, on behalf of the Saratoga Senior Coordinating Council, stated that the project needs to be economical and feasible for everyone. He supported a three-story structure and discussed the environmental concerns expressed in the staff report. Jeff Schwartz, San Marcos Road, discussed the projection regarding the need for housing for 300 elderly residents. He questioned consistency with the General Plan and the studies done by developers. He pointed out that the size of a project in a residential area is inappropriate and asked for clarification relating to who is pushing development of this facility. He noted his support for needed revisions to the current facility, as long as there are no environmental impacts, and requested that it remain the same in size. Suzan Maseillo, 1927 San Marcos, neighboring resident to the Odd Fellows Home, pointed out that San Marcos is a privately owned road and that changes in the Odd Fellows' driveway will impact the neighbors. Dick Oliver, Dividend Development Corporation, Developer of the Paul Masson Site, stated that he was asked last October to delay project development of the Paul Masson site while the City explored the possibility of using the Paul Masson site for a senior facility. He noted that concerns expressed by neighboring residents could be mitigated by adequate planning. He believed that the Senior Coordinating Council is the force behind the development of this type of senior care facility. He noted that the Odd Fellows site is a better site for this type of facility and requested input from the City regarding whether a need exists for a three-story structure, and asked the City to consider the delay imposed upon the development corporation. He discussed the desirability of a full care nursing facility, stating that this would require a three-story structure on the Paul Masson site. If there is opposition to a three-story structure, a full care nursing facility could not be built. However, a senior facility without nursing care could be built in a two-story configuration. Councilmember Peterson asked about the two new senior complex developments in Cupertino and Los Gatos a~d whether Mr. Oliver's market survey indicates a need for full care senior facilities in Saratoga. Mr. Oliver stated that the sur~y indicates that there is the need for an equity base but that the market will not support a full service senior facility for five years. Bob Swanson, Crisp Avenue, expressed his concern stating that it is misleading to indicate that density would be enhanced if the project were to be placed on the Odd Fellows' site; the real issue is that the land is zoned R-1 and the General Plan allows for nine houses to be placed on this site. Dora Grens, 13460 Old Oak Lane, agreed with Mr. Swanson's comments regarding consistency with the General Plan. Vic Monia, Granite Way, stated that Mr. Oliver's report is very City Council Minutes 4 June 20, 1990 misleading. He noted that there is less land available at the Odd Fellows site than on the Paul Masson site. He discussed the value of the properties and asked why Mr. Oliver should be allowed to change the zoning rather than reduce the number of units he is willing to place there. Ronald Cooke, 236 Brockton Lane, reviewed current housing needs, the population, proportion of home owners, average income, and population 'of aging citizens within the City of Saratoga to illustrate the need for a senior care facility. Further, he discussed alternative housing · for this population and documents provided to the Planning Commission relative to the need for senior care. He made three requests: compliance with the General Plan housing element, revision of a 150 unit proposal and rezoning to provide that a substantial part of the property atPaul Masson be dedicated for senior care. He reminded the Council that the Odd Fellows citizens have every right to have senior 'facilities upgraded. Robert BartOn, consultant retained for the Odd Fellows Home, clarified 'that the site under discussion is 27.5 acres; land proposed for development by Rogers and Brooke is an additional 10.5; a full study is needed before any action can be taken; and the central building and the .infirmary on the Odd Fellows are in need of replacement. Mayor CleVenger closed the public hearing at 9:00 p.m. CounCilmember Stutzman explained technical language presented in the environmental study and noted problems relating to the Paul Masson site, particularly air quality and amounts of carbon monoxide. He notad that the air quality standards contained in the report are based upon present levels. Cit~ Manager Peacock suggested that the Council consider Item No. 8 D in conjunction with this issue since it is relative to air quality. ..., D, = Report of the Planning Commission on air quality issues in connection with proposed senior project at Paul Masson site on Saratoga Avenue as required by conditions of approval, 'Planning Director Emslie discussed the Planning Commission report relating to the air quality analysis, noting that the Commission feels that no modifications are needed for the proposed project. Jeff HorniCk, LSA Associates, Inc., noted that levels of carbon monoxide tha~ people can tolerate depends on the time of exposure, and that the calculations regarding pollution dispersement may have a margin of error. He mentioned the State and Federal air quality standards for amount of exposure and stated that no standard has been accepted by the Health and Welfare Department. Planning Director Emslie stated that the Planning Commission accepted the report based upon the findings and recommended that the City Council work with the existing plan and utilize areas of the site for ventilation. The pubiichearing was opened at 9:15 p.m. Mr. Barco~ i9101 Camino Barco, stated that air pollution is not the only concern; that the Council should consider the noise pollution that the Paul Masson site will experience with the complet~e~.~? Reu~ that if a three-story structure is built there the freeway sound will loop back into the neighboring residential areas. He noted his experience with ventilation systems and stated that the recommended system will not work. ~ic Monia, 14665 Granite Way, suggested that, if the Council desires toapprove-the proposal at the Paul Masson site, the developer reverse the plan, placing the senior center closer to Cox Avenue. He cautioned the Council against approving a project that is on the record as a possible health hazard and suggested that the land be used for open space. 'Mr. Oliver informed the Council that the former owner added a deed City Council Minutes 5 June 20, 1990 restriction that would prevent any health facility being built near Cox Avenue. The public hearing was closed at 9:27 p.m. May6r Clevenger noted that the issue relates to the level of risk people are willing to take; she supported a full care senior facility in Saratoga, and noted that although there are problems with both possible sites, this type of facility is needed, and there is no other land available. Councilmember Stutzman suggested that the Paul Masson site would provide an excellent opportunity to study how much carbon monoxide is tolerable~ however, people would be at risk and, he would not support placement of a care facility at the Paul Masson site; that the studies were done five years ago; and that Mr. 0liver is not trying to push this development, but rather responding to our wishes. Further, he indicated that the Odd Fellows site is preferable and that there is a need for skilled nursing care in the City of Saratoga. Councilmember Peterson stated that he will be looking forward to living in a complex with little upkeep as he ages and that a senior facility could be built at the Paul Masson site without continued care. Councilmember Moyles noted that the plan would require amendments to the General Plan which would be difficult, but the need exists and he urged the Council to take action to provide a facility for seniors somewhere. Mayor Clevenger noted personal experiences with nursing homes and looked forward to providing citizens with a place that they can live in dignity which continued care provides. She requested that the report from the Planning Commission ,be accepted and that the Paul Masson site remain a consideration for the project. Councilmember Stutzman disagreed with this request. PETERSON/MOYLES MOVED TO ACCEPT THE REPORT FROM THE PLANNING COMMISSION AS FULFILLING THE AIR QUALITY IMPACT STUDY REQUIREMENT. Passed 3-1 (Stutzman opposed). MAYOR ORDERED THAT THE PUBLIC HEARING ON ITEM NO. 8 C, BE REOPENED AND CONTINUED T~ THE MEETING OF JULY 24TH, 1990.. The meeting was recessed at 9:47 p.m., and reconvened at 10:00 p.m. 3. ROUTINE MATTERS A. Approval of Minutes - 6/6 Mayor Clevenger returned to Item 3 A, approval of the minutes of June 6, 1990, and suggested an amendment be made to page 3, last paragraph, to indicate that Councilmember Anderson spoke on the issue of leafblowers. Councilmember Moyles requested that the minutes be amended to illustrate his concurrence with Councilm~mber Stutzman regarding his building comments. STUTZMAN/MOYLES MOVED ~O APPROVE MINUTES AS A~u. ~d 4-0. B. Approval of Warrant List MOYLES/STUTZMANMOVED TO APPROVE THE WARRANT LIST. Passed 4-0. C. Report of City Clerk on Posting of Agenda The City Manager states that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 15, 1990. 4. CONSENT CALENDAR A. Planning Commission Actions, 6/13 - Noted and filed. City Council Minutes 6 June 20, 1990 B. Public Safety COmmission Minutes, 6/11 (includlng discussion of electro-magnetic field issue) - Noted and filed. C. Report from Public Safety Commission concerning Driving under the Influence Program - Noted and filed. D. 'Amendment to Agreement with MIG on Open Space Survey, with Resolution 2575.19 increasing funds Resolution 2659 modifying decision of Planning Commission on Davies Appeal F. Final Map Approval, SD 89-008 (Quito Rd.), and authorization for Mayor to execute Deferred Improvement Agreement G. ?Authorization to expend $17,594.36 to purchase tar kettle for Maintenance Department from Bacon-Western H. Authorization for staff to advertise for bids lfor 1990 Pavement Management Program I. Authorization of closure of Bohlman Rd. to all but resident traffic for four hours on July 4, 1990, for public safety reasons; authorization for use of two sheriff reserves for enforcement J. Resolution MV-191 authorizing installation of stop signs - Canyon View Dr., Reid Ln., Michaels Dr., Elva Ave. K. Treasurer,s Report - May L. ~ Investment Report - May M. Financial Report - May _PETERSON/MOYLES MOVED TO APPROVE CONSENT CALENDAR. Passed 4-0. CONSENT CALENDAR II - Claims claim of Kwei-Chin Lee in the amount of $5,000 alleging sllp at Hakone Gardens caused fractures in right leg on April 22, 1990 MOYLES/PETERSON MOVED TO DENY THE CLAIM. Passed 4-0. 5. COMMUNICATIONS FROM COMMISSIONERS AND THE PUBLIC A. ORAL CO~MUNICATIONS MayorClevenger asked if anyone would like to address the Council on a non-agendized item; there was no response. B. WRITTEN COMMUNICATIONS 1) Draft response to ABAG Regional Policy Framework There being no objectiQn, Mayor Clevenger ordered the response prepared for the City by the Planning Director to be forwarded to ABAG. 6. OLD BUSINESS A. Report from Parks and Recreation Commission on Skateboard Ramp The city Manager noted two additional items of communication, as .follows: - Letter dated, June 19, from Patrick and Susan Kwok, opposing the " skateboard facility at Congress Springs. - Letter dated, June 16, from William C. Elhoff, opposing the City Council Minutes 7 June 20, 1990 skateboard facility at Congress Springs. Mr. Dan Trinidad, Maintenance Director, reported on the June llth Parks and Recreation Commission meeting and noted the minutes contained within the Council packet. He stated that recommendations included limiting hours of operation, establishment of fees, hiring of a supervisor, requirement of a membership fee, and requiring security when the ramp is not in use. Further, he stated that the Commission indicated that an expert in acoustics be hired to investigate whether the noise recorded complies with the City's noise ordinance. The staff report was accepted with the recommendation that the hours be revised when school is in session. Councilmember Stutzman asked what the cost is for relocation or enclosure of the skateboard facility. Mr. Trinidad responded by stating that there are no estimates for enclosure of the facility; however, the cost of relocation would be $7,000 to $8,000, and the total cost, including the fence, has been approximately $10,000 to construct the ramp. Mr. Bill Elhoff, 19379 Via Real Drive, noted the petition received by the Council, signed by 90 citizens requesting the facility be closed or moved. Additionally, he made the following comments: the opposition is greater than covered in the petition there was no skateboard facility when he moved there the Council has not experienced this type noise the height of the ramp allows skateboarders to attained great heights, relative to liability cautioned against revisions to the facility discussed other options for location the facility is only 200 feet from residential areas need to look at the design - inadequate restroom facilities George Rishell, 13010 Glen Brae Drive, noted his letter transmitted to the Council and recommended that the ramp be relocated, due to the noise and increased traffic. He stated the project was approved without a permit nor an environmental report and requested that the law allowing such a use be changed. He recommended that the. facility be relocated to the recycling center, which is a more appropriate site because it is away from residential areas, restrooms are available and parking as well; further, he felt that money spent to enlist an acoustic specialist should be spent reviewing an alternative site. Mayor Clevenger agreed with Mr. Rishell's recommendation to spend money to review alternative sites. She requested that staff look into it and, further, that the orchards not be considered. Councilmember Stutzman asked about the possibility of placing this facility below ground level. Mayor Clevenger asked staff to review that possibility as well. Mr. Trinidad stated that that was considered and the Commission felt this was a good alternative. Jeannette Simmons, 19367 Via Real Drive, expressed concerns regarding this type of activity to teenagers, since it does not allow parent participation and that the ramp is used at midnight. Sheasked if the City will provide supervision during that time. Michael Giansiracusa, 13121 Via Ranchero Drive, stated that the local skateboarders who originally requested the facility are not the only persons using the facility and expressed concern relative to parking, noise and vandalism. He stated that the Council was not provided with accurate information when the action was taken to approve the facility.. Patrick Kwok, 19403 Via Real Drive, stated that.the project should be good for everybody and that it cannot be good for everybody if it is placed in a residential area. He suggested that the issue be referred to the Planning Commission and that the facility be closed until the issues are resolved. Councilmember Moyles reminded the Council that he .did vote in support City Council Minutes 8 June 20, 1990 of the facility with reservations relating to liability. He recommended that the Council close the facility until this issue and the concerns of the public be addressed. Mayor Clevenger provided a brief background of the issue, noting that the Council's intention was to provide an activity for the youth of the City; however, she did not understand what a skateboard facility would entail. She concurred with Mr. Moyles~ suggestion to place a moratorium on the use of the facility and to make further studies relative to alternative sites. Councilmember Moyles affirmed his position that the issue of liability be reviewed, and Councilmember Stutzman agreed. Councilmember Peterson asked for precise language relative to staff's direction. Mayor Cleveng&r referred the matter back to the staff to investigate liability. protection and relocation, specifically, placement below ground level. She requested that a moratorium take place immediately andlthat a public hearing be set for date uncertain. B. ~Resolution 376.1 amending official plan lines for that portion of Quito Road between Ravenwood Drive and San Tomas · Aquino Creek at Austin Corners and establishing a policy for certain portions of Quito Road. City Engineer Larry Perlin reported regarding the plan line and variation in width along Quito Road. He noted that direction was given to staff to pursue this issue, along with the proposed two lanes on Quito Road, and to investigate a revised plan line. Planning Director Emslie added that the plan line is an attempt to reconcile an inconsistency in the General Plan. He said that the Planning Commission is currently preparing an amended circulation element and that Quito will be examined. The ~City Manager suggested that any action be delayed until the official plan lines are developed. Meg Caldwell, 13906 Ravenwood Drive, suggested using a comprehensive approach to resolving issues along Quito Road. 'Ralph Ramona, Casa Blanca Road, a thirty-year resident and retired engineer~ stated that this is the first time he has seen a plan line reduced without any technical information. He stated that reducing the plan line will be a "colossal mistake." Mayor Clevenger suggested that this issue be considered in conjunction 'with the revised Circulation Element. Councilmember Moyles concurred. CLEVENGER/STUTZMAN MOVED TO TABLE THE ITEM AND CONSIDER IT IN CONJUNCTION WITH THE REVISED CIRCULATION ELEMENT OF THE GENERAL PLAN. Passed 4-0. Discussion ensued relative to public hearing notices. Mayor Clevenger informed the public of how these meetings are noticed. C. Report on the status of project SD 88-006 (Pierce Road) 'brought to the attcntlcn of the Council by Steve de Keczer city Engineer Larry Perlin reported that at the last meeting of the City COuncil staff was directed to review concerns related by Mr. de Keczer. He stated that the developer across the street is required to make certain improvements along this road and only 15 percent of the !~provements have'been. made at this time, due to the matters not in his control. He stated that widening of the bridge will begin in a week ~nd that the developer will pursue the other improvements in a timely matter, He requested that the City Council extend the time limit to 30 and 60 days rather than taking over the bond, which he stated would delay improvements further. Further, he noted that staff has requested added improvements. City Council Minutes 9 June 20, 1990 Mr. de Keczer addressed the report and expressed concern relative to the statement that the road would be widened in "various locations," which he would like defined. Mayor Clevenger asked if Mr. de Keczer and Mr. Perlin could meet and confer. Mr. de Keczer was amenable to this suggestion; however, he suggested widening the road near the oak trees. MOYLES/STUTZMAN MOVED TO ACCEPT THE ENGINEERING DEPARTMENT REPORT. Passed 4-0. D. Lighting and Landscaping District Expansion Councilmember Moyles commented that the City should not be mixing median strips with landscaping adding maintenance expenses. Discussion ensued between Councilmembers and the City Manager regarding annexation and taxation. PETERSON/CLEVENGER MOVED TO ACCEPT THE STAFF REPORT WITH REVISED PRIORITIES. Passed 2-1-1 (Stutzman abstaining; Moyles opposed). Mayor Clevenger recognized a man who wished to speak under Oral Communications. Mr. Joseph Blake, 18610 McCoy Avenue, addressed the Council regarding Code Section 15-12-160.120 relating to setback requirement for recreational vehicles. He stated the public feels that it is ambiguous and needs to be repealed as illustrated within a petition of 45 signatures which he presented to the Council for placement on the agenda. Discussion ensued between the City Manager and the Mayor, and they agreed that a report will be prepared for July 24, 1990. E. Turning Restriction - Titus Avenue at Prospect Road MOYLES/PETERSON MOVED THAT THE REPORT BE RECEIVED. Passed 4-0. F. Village Host Association Response City Manager Peacock reported relative to response to the Village Host Association, and recommended that staff meet with the Chamber of Commerce to discuss an agreement policy in regard to funding. Mayor Clevenger concurred. Mr. Peacock suggested that a contract be entered into with the Chamber of Commerce to coordinate any business activity to which the City would contribute funds and that a fee of 15 percent be given to the Chamber. MOYLES/PETERSON MOVED TO CONTRACT WITH THE CHAMBER OF COMMERCE TO COORDINATE BUSINESS PROMOTIONAND BE PROVIDED WITH A 15 PERCENT FEE FOR SUCH SERVICES. Passed 4-0. Mr. Peacock continued regarding placement of planters along Big Basin Way and explained budgetary problems related to doing this at this time. Further, he stated that the outsid~ dining will be addressed by the Planning Department on July 24., 1990; that the four-way stop sign request and the informational signage are matters that must be approved by Caltrans; and,' that the pump house and the bike rack issues will be referred to the City Engineer, who will report on July 24, 1990; that parking district bonds need to be reviewed at a later date. Councilmember Moyles discussed the four-way stop sign and the parking district. MOYLES/PETERSON MOVED TO APPROVE STAFF RECOMMENDATIONS. Passed 4-0. 7. NEW BUSINESS A. Proposed changes to Blaney Plaza Banner program Evelyn Long, Saratoga Parent Nursery School, discussed proposed rules City Council Minutes 10 June 20, 1990 on the limitation of time related to item 11 and 5, specifically asking whether this means the time of year or the length of time. The City Manager explained that the City will give first priority to City events. Further, in response to Ms. Long~s concern regarding use for annual events, the City Manager explained the intent to allow previous groups preference over new groups. STUTZMAN/PETERSON MOVED TO APPROVE PROPOSED CHANGES TO BLANEY PLAZA BANNER POLICY. Passed 4-0. B. Final Acceptance and Release of Bonds, Tr. 7888; Resolution accepting Dedication.of Street - Gypsy Hill Road City Engineer Perlin recommended a correction to the report to 70/30 from 80/20 in reference to construction acess ~'o San Marcos Heights Subdivision, and the Council concurred with the correction. PETERSON/STUTZMAN MOVED TO ADOPT RESOLUTIONS 36-B-241 AND 2660 AS CORRECTED. Passed 4-0. 'C. · PubliCity for Upcoming Hearings - Landscaping and Lighting District; Uniform Fire Code Adoption/Model Toxic Gas Ordinance; Annexation of Country Club The City Manager presented the staff report dated june 15, 1990, and it Was the consensus of the Council that the Staff Report be accepted. Revocation of resolution conditionally approving a .Congestion Management Planning Agency for Santa Clara County; Select representative to elect group representative ,to the congestion Management Planning Agency. The City Manager pointed oUt'~hat t~ 6ounty has not responded to the condition that was requested by Saratoga. Mayor.Clevenger suggested a letter of clarification to Santa Clara County. expressing Saratoga's intention to revoke its approval unless ~the process.and term are clarified.' It was the consensus of the CounCil that the City Manager be authorized to prepare this letter. Mayor Clevenger suggested that Councilmember Anderson represent the City of Saratoga on the West Valley Cities' Association, on June 25, 1990, at 7:30 a.m. in Campbell and report back to the Council. PETERSON/CLEVENGER MOVED TO APPOINT KAREN ANDERSON TO THE WEST VALLEY CITIES ASSOCIATION TO FIND OUT WHAT PROCESS IS TO BE USED TO APPOINT THE WEST VALLEY CITIES DELEGATE, WITHOUT TAKING A VOTE, AND REPORT BACK TO THE CITY COUNCIL. Passed 4-0. E. Quimby Act Reappraisal : The City Manager discussed the requirement that the City assess fees relating to annual fair marketvalue~bas~d upon sales revenues. Councilmember Moyles asked the'amount of the fee. The City Manager and Mr. Em~3ie concu~ that it will be slightly higher than last year, approximately, $6,000. PETERSON/STUTZMAN MOVED TO APPROVE THE STAFF REPORT. Passed 3-1 {Moyles opposed). councilmemb&r Moyles notes that he will not vote until he has the exact amount. F.. Resolution on Authority to make Investments '.PETERSON/MOYLES MOVED TO ADOPT RESOLUTION 2661. Passed 4-0. 9. CITY COUNCIL ITEMS City Council Minutes 11 June 20, 1990 The City Manager informed the Council that the Fire Department has requested that weed abatement hearings be held on the first of August. There was consensus to cancel the regular meeting of August 15, 1990, and schedule the weed abatement hearing for August 1, 1990. A. Reports from Individual Councilmembers - None. 10. CLOSED SESSION The City Council adjourned to closed session to discuss legal actions -- involving the Cocciardi and the Pool litigation. Councilmember Peterson was excused due to a conflict of interest on the Cocciardi matter, as he has done previously. The Council reconvened and directed the City Attorney and City Manager to proceed as directed in closed session. 11. ADJOURNMENT The meeting was adjourned at 11:00 p.m., to July 5 at 7:00 p.m. Respectfully submitted, Karon Shaban Minutes Clerk